DWI Suspect Chows Down – Picks Up New Charges

Kenneth Desormes of New York  expressed his contempt, or perhaps dismay, at his Breathalyzer test results by attempting to scarf them down.  This creative plan cover-up plan didn’t pan out, however, and the police served him up a steaming hot dish of new charges.

Desormes would have been only charged with misdemeanor DWI, but his attempt to chew up the evidence from the breath test led to an additional charge of obstructing governmental administration, and criminal tampering.  The initial arrest for the DWI was prompted by officer eating paperobservations.  In Texas, the requisite probable cause determination by officers requires articulable evidence that someone has lost the normal use of his mental or physical faculties due to the introduction of alcohol.  The officers requested that Desmormes take a Breathalyzer test, which indicated he had a 0.13 percent blood alcohol content (BAC).

His motivations are unclear, but one can infer that Desormes was not happy with his test results, and Desormes allegedly tried to snatch the results from the printer and eat them. Impeding a police investigation can get you an obstruction of justice charge, and Desormes, although creative in his appetite to mitigating the incriminating test results, is no exception. The obstruction charge is a Class A Misdemeanor, punishable by up to a year in Jail.

In addition, Desormes was charged with criminal tampering.In New York, a conviction on this charge  may add another three months to his potential sentence.

An Appetite to Get Away with It!

Believe it or not, Desormes he’s not the only one to try to eat incriminating evidence.  As many poeople may be aware (and perhaps personally aquainted with), one way that those suspected of possessing drugs dispose of the contraband is to eat it.  The success rate may not seem too high, but then again, how would we know who were the ones that had got away with it?

A notable recent case that gained national attention was when Florida Crime Stoppers director Richard Masten was placed in contempt of court for refusing to reveal information related to a tipster … by eating a piece of paper in open court in front of the Judge.

Arrested For a DWI in Texas?

If you’ve been accused of Driving While Intoxicated, it is crucial that you act quickly.

If you are facing a DWI charge contact attorney Tristan LeGrande by calling 281-684-3500.

HOUSTON DWI ATTORNEY TRISTAN LEGRANDE

LEGRANDE LAW

281-684-3500

 

http://www.houstondrugattorney.net

http://www.legrandelaw.com

For Drunk Driving Firefighters in Austin The Party Is Over

firefighter dogApparently there is a bit of a drunk driving pattern emerging among Austin’s brave men that battle blazes. Since January, six firefighters have been suspended for being arrested for suspicion of DWI.  The latest suspect was one of the brass, on July 11, Madison, a 29-year AFD veteran who receives the highest salary of any AFD firefighter, was “suspended indefinitely” after crashing his car in North Austin the evening of May 10.

Police reported they smelled alcohol on Madison’s breath and that he’d stumbled, mumbled, and nearly fell down. He told authorities he’d consumed “a few” drinks that evening. In a May 30 interview with members of the Professional Standards Office, Madison admitted to actually having more than a few, more like between 10 and 12 drinks.

Austin Fire Department Chief Rhoda Kerr’s action against Madison marked a turning point, punishments finally have been getting more steep after being slaps on the wrists to date.

A pattern may be emerging, as Madison is the sixth firefighter suspended for a DWI since January of 2013.  He is, however, the first to incur a be punished with more than a 90 day suspension.  Even the 90 day suspension is rare as punishment, and only was doled out to firefighter James Doyle, who was facing his third DWI charge since 2006.  Doyle agreed to alcohol counseling, randomized testing, and a one-year probation period, as well as assuming the understanding that another violation would result in an indefinite suspension.

Otherwise, Kerr has mostly issued a series of suspensions stretching between 10 and 15 days.  This  despite firefighters reportedly admitting driving after consuming upwards of 10 alcoholic beverages in a sitting.

pols_feature32Madison’s suspension is the second DWI-related sanction handed down to members of the AFD since Kerr’s November 2013 memorandum informing her staff that “prior efforts, including temporary suspensions of 10 days, were not having their intended and desired effects, to wit, to curtail alcohol abuse by Department Personnel, particularly driving while intoxicated.” In the memo – apparently distributed by Kerr because 38% of the AFD suspensions mandated between Feb. 1, 2009, and Oct. 4, 2013, had been DWI-related – Kerr went on to explain that “future first-time ‘driving while intoxicated’ violations would result in a disciplinary action, up to and including indefinite suspension.” Madison reportedly acknowledged receipt of this memorandum – but still decided to drive drunk.

Kerr’s explanation does not mention of the 60-day suspension levied on firefighter Randlall Black.  Black was stopped for speeding on I-35 and subsequently arrested for DWI – though in her initial memorandum sent out to the department, Kerr wrote that “every alcohol related discipline case involving sworn and non-sworn will be judged on its own merits.

“I will decide the appropriate disciplinary action, which may include days off up to and including the indefinite suspension/termination of the employee.”

How Chief Kerr differentiates between what requires 60 day suspension and what an indefinite suspension is unclear, though a comparison of the two memos suggests that Madison – who could barely stand, and had crashed his car so hard into a guard rail that he broke his front right axle – was significantly more blitzed than Black, whose rap sheet in this instance entails little more than “a strong odor of an alcoholic beverage” on his breath.

Kerr’s appears to be addressing a pretty widespread problem, for AFD. It also may indicate a crackdown by Aus­tin Police Department Chief Acevedo. In early April, Acevedo distributed a dramatic video to departmental personnel (copying local media) announcing a new, zero-tolerance policy against drunk-driving police officers. First-time offenders won’t just receive temporary suspensions anymore, Acevedo asserted. Each suspected offender stands to be fired, whether or not they’re found guilty in a court of law.

With news stories of the police beating, choking and shooting people – maybe Austin FD poses a different hazard to the public, on our roads.  They are all of course innocent until proven guilty, but the pattern is real.  It seems like many firefighters in Austin are partying quite a bit.

 

Arrested For a DWI in Texas?

If you’ve been accused of Driving While Intoxicated, it is crucial that you act quickly.

If you are facing a DWI charge contact attorney Tristan LeGrande by calling 281-684-3500.

HOUSTON DWI ATTORNEY TRISTAN LEGRANDE

LEGRANDE LAW

281-684-3500

Central Texas Police Chief Arrested for DWI While Driving Patrol Car

The small suburb of San Antonio got himself in a bit of a bind last month for driving drunk; he resigned following the DWI arrest while he was driving his patrol car.  China Grove Police Chief Larry Davis was driving his marked police vehicle on the way back from law enforcement training in Huntsville when he was stopped by Temple Police Officers.

Davis tendered his resignation in a letter dated the same day as his arrest. The resignation became public July 3 when it was accepted by theDrunk Cop City Council at its regular monthly meeting.

The letter gave no reason for his departure and no reason was given at the meeting. Davis did not attend the meeting and has not returned multiple phone calls.

The city-issued Tahoe driven by Davis at the time of his arrest was released to Jenkins, who traveled to Temple to pick it up, the Temple police spokesman said.

China Grove’s council has shut down and revived the city police department several times since December 2013, complaining about a backlog of hundreds of un-served warrants. Davis had repeatedly asked for more officers to handle the backlog.

Sounds like another instance of an officer thinking he is above the law.  I am trying to think just how badly he must have been driving in his patrol car for him to be pulled over on suspicion of a DWI.  I also wonder about his charges, did he actually submit to breath or blood tests?  How about field sobriety tests.  He needs a good lawyer for sure!

Arrested For a DWI in Texas?

If you’ve been accused of Driving While Intoxicated, it is crucial that you act quickly.

If you are facing a DWI charge contact attorney Tristan LeGrande by calling 281-684-3500.

HOUSTON DWI ATTORNEY TRISTAN LEGRANDE

LEGRANDE LAW

281-684-3500

Http://www.legrandelaw.com